The Italian Perspective: The Export Licence Reform Avv. Giuseppe Calabi Managing Partner, CBM & Partners, Milan 4 September 2019
Historical Background § 1602 Decision of Ferdinando I de’ Medici, Grand Duke of Tuscany (1549-1609) § Export prohibited for artworks created by renowned deceased artists (e.g. Michelangelo, Raffaello, Leonardo) S. Pulzone (1544-1598), Portrait of Ferdinando de' Medici oil on canvas, 1590 (Uffizi Gallery, Florence) 4 September 2019
The Export Licence Reform Introduced by the Law 124/2017 Before the Reform After the Reform Age threshold: 50 years Age threshold: 70 years No value threshold Value threshold: € 13,500 (suspended) Works below 70 and above 50 years old Works above 70 y.o. and below value threshold Unilateral declaration: « Autocertificazione » 4 September 2019
Criticalities Expo port t de deni nial To Too muc uch Exce Ex cessiv ssive witho thout ut the the di discretiona nal dur durati tion of of State be being ng power and po nd to too adm dmini nistr trati tiv obl bliged d to buy buy man many obj bjects to to e pr e procedur dures be be che hecked Negative impact ct St State control on the Italian art on less effect ctive market ma 4 September 2019
Criteria for Qualifying an Artwork as Cultural Property Relevanc nce of Artistic value ue Ra Rarity the he subj ubject Relation n to an n Signi nificant testimony Relevant testimony of Re hi historical and nd for the he hi history of relations nshi hip p be between n collecting ng civilizations ns cul ultur ural context Andy Warhol (1928-1987) Giorgio Armani , 1981, Synthetic polymer paint and silkscreen ink on canvas, 102x102 cm 4 September 2019
Discrepancy between EU and National Laws on Art Exports § Export from Italy to Switzerland via France § Work between 50 and 70 years old by Lucio Fontana § Value: USD 320,000 § Is Is a a se self lf-de declar larat atio ion n suf suffici cien ent or or is is an an EU ex export lic licenc nce also also re require red? Lucio Fontana (1899-1968), Concetto spaziale ( teatrino), 1966, oil on canvas and wood, 75x94 cm 4 September 2019
Can an Export Licence Be Revoked ? Th The It Italian alian go government cl claims tha that the the lic licen ence ap applic licatio ion di did no not t st state tha that the the po portr trait wa was of of Ca Camillo Bo Borgh ghese F. Gérard (1770-1837), Portrait of Camillo Borghese, oil on canvas, 213x139 cm 4 September 2019
A Comparative Analysis It Italy aly • Source country: State prevails over ownership right Uni nited d King ngdo dom • Market country: fair balance between public control and ownership right Switzerland nd Transit country: ownership right is granted maximum protection 4 September 2019
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